21 U.S. Code § 962 - Second or subsequent offenses

Any person convicted of any offense under this subchapter is, if the offense is a second or subsequent offense, punishable by a term of imprisonment twice that otherwise authorized, by twice the fine otherwise authorized, or by both. If the conviction is for an offense punishable under section
960(b) of this title, and if it is the offender’s second or subsequent offense, the court shall impose, in addition to any term of imprisonment and fine, twice the term of supervised release otherwise authorized.

(b) Determination of status

For purposes of this section, a person shall be considered convicted of a second or subsequent offense if, prior to the commission of such offense, one or more prior convictions of such person for a felony drug offense have become final.

(c) Procedures applicable

Section
851 of this title shall apply with respect to any proceeding to sentence a person under this section.

1994—Subsec. (b). Pub. L. 103–322substituted “one or more prior convictions of such person for a felony drug offense have become final” for “one or more prior convictions of him for a felony under any provision of this subchapter or subchapter I of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant drugs, have become final”.

Subsec. (b). Pub. L. 98–473, § 505, inserted references to laws of a State or of a foreign country.

Effective Date of 1986 Amendment

Amendment by section 1004(a) ofPub. L. 99–570effective on date of taking effect of section
3583 of Title
18, Crimes and Criminal Procedure (Nov. 1, 1987), see section 1004(b) ofPub. L. 99–570set out as a note under section
841 of this title.

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